Fla. Admin. Code Ann. R. 61A-5.010 - Applications; Transfer Fee

(1) An application for new licensure shall be filed on DBPR ABT 6001, APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, effective February 2013, and incorporated herein by reference. The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division's district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at https://www.flrules.org/gateway/reference.asp?NO=Ref-02635.

(2) An application for transfer of ownership of an existing license shall be filed on DBPR ABT 6002, APPLICATION FOR TRANSFER OF AN ALCOHOLIC BEVERAGE LICENSE AND NEW TOBACCO PERMIT, effective February 2013, and incorporated herein by reference. The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division's district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at https://www.flrules.org/gateway/reference.asp?NO=Ref-02636. An applicant for transfer of a quota liquor license shall also provide records of gross sales of alcoholic beverages for the past 3 years, which the division will utilize to compute the applicable transfer fee. An applicant for transfer of a quota liquor license may elect to pay a $5, 000 transfer fee, in lieu of providing such records. This transfer fee shall be paid in addition to any other applicable transfer fees provided by general law and is subject to the following provisions:

(a) If the quota liquor license has been transferred by court order or certificate of title during the past 3 years, the applicant shall provide records of gross sales of alcoholic beverages from the date of such transfer. In lieu of providing these records, the applicant may elect to pay a $5, 000 transfer fee. For each month prior to the date of the court order or certificate of title, the applicant shall be entitled to claim zero gross sales of alcoholic beverages for purposes of calculating the transfer fee. If the quota liquor license has been transferred by court order or certificate of title in the past 3 years and there have been no gross sales of alcoholic beverages since the date of such transfer, there shall be no transfer fee.

(b) In an effort to assist applicants in establishing gross sales for the past 3 years, the Division shall attempt to obtain from the Department of Revenue records of gross sales of any prior licensee, except the immediate transferor, who held the license during the past 3 years. In the event the quota liquor license was transferred by court order of certificate of title during the past 3 years, the Division will not attempt to obtain records of gross sales prior to the date of such transfer. Notwithstanding this provision, it remains the applicant's burden to establish gross sales of alcoholic beverages for the past 3 years. In lieu of establishing such gross sales, the applicant may elect to pay $5, 000 transfer fee.

(c) The applicant is not required to provide records of gross sales of alcoholic beverages for any month in which the quota liquor license was in Division-approved inactive status for the entire month, and the applicant shall be entitled to claim zero gross sales of alcoholic beverages for each such month.

(d) The applicant shall be entitled to claim zero gross sales of alcoholic beverages for any month in which a prior licensee did not have an open sales tax account with the Department of Revenue for the entire month.

(e) If a license has been inactive for the entire past 3 years, regardless of whether the Division approved the period of inactivity, the applicant shall pay a $5, 000 transfer fee.

(3) A licensee may change its Business Name or Mailing Address on DBPR ABT 6009, CHANGE BUSINESS NAME/CHANGE OF MAILING ADDRESS APPLICATION, effective December, 2012 and incorporated herein by reference. The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division's district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at https://www.flrules.org/gateway/reference.asp?NO=Ref-02646.

(4) When the applicant no longer wishes to proceed with the application process, the application must be withdrawn using DBPR ABT 6031, REQUEST FOR WITHDRAWAL OF APPLICATION, effective December, 2012 and incorporated herein by reference. The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division's district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at https://www.flrules.org/gateway/reference.asp?NO=Ref-02638.

(5) An applicant for an alcoholic beverage license shall provide a right of occupancy to the specified location in the application. Right of occupancy includes, but is not limited to, a lease agreement, a rental contract, a sublease, a warranty deed or any documentation that in a court of law would establish an applicant's right to occupy the premise sought to be licensed.

(6) Applicants for the following types of licenses will be required to provide or complete the following additional documents:

(a) An applicant for a club license shall provide the club's by-laws, the club's charter, and the club's articles of incorporation.

(b) An applicant for a special pleasure or excursion boat license shall provide a Certificate of Documentation and a Certificate of Inspection from the Coast Guard showing the boat has a capacity for at least 125 passengers.

(c) An applicant for a distributors or manufacturers license shall provide a surety bond as required by general law.

(7) Once an application is accepted by the Division, nothing herein shall be construed to prohibit the Division from requiring additional information or documentation that becomes necessary as a result of processing or investigation of the application by the Division.

Notes

Fla. Admin. Code Ann. R. 61A-5.010

Rulemaking Authority 561.11 FS. Law Implemented 561.08, 561.01(11), 561.11, 561.15, 561.17, 561.18, 561.181, 561.19, 561.20, 561.22, 561.24, 561.25, 561.32, 561.331, 561.37, 561.371, 561.42, 565.02(3)(a) FS.

New 2-16-89, Formerly 7A-5.010, Amended 5-14-13.

New 2-16-89, Formerly 7A-5.010, Amended 5-14-13.